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12.2 Workers' Compensation. Developer shall maintain Workers' Compensation
<br />Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least One
<br />Million Dollars ($1,000,000). Developer shall submit to City, along with the certificate of
<br />insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
<br />employees, and volunteers.
<br />12.3 Auto Liability. Developer shall provide auto liability coverage for owned, non -
<br />owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact
<br />equivalent, with a limit of no less than One Million Dollars ($1,000,000) per accident. If
<br />Developer owns no vehicles, this requirement may be met through a non -owned auto
<br />endorsement to the CGL policy.
<br />12.4 Any deductibles or self-insured retentions must be declared to and approved
<br />by CitX. At the option of City either Developer's insurer will reduce or eliminate the
<br />deductibles or self-insured retentions with respect to City, it's Council, commissions, boards,
<br />committees, officers, employees and agents or Developer will procure a bond guaranteeing
<br />payment of losses and related investigations, claim administration and defense expenses.
<br />12.5 Concurrently with the execution of this Agreement, Developer will furnish City
<br />with certificates and copies of information or declaration pages of the insurance required
<br />hereunder and, with respect to evidence of commercial general liability and automobile
<br />liability insurance coverage, original endorsements:
<br />(a) Precluding cancellation or reduction in coverage before the expiration
<br />of thirty (30) days after City will have received written notification of cancellation or reduction
<br />in coverage by first class mail, postage prepaid;
<br />(b) Providing that Developer's insurance will apply separately to each
<br />insured against whom claim is made or suit is brought, except with respect to the limits of
<br />the insurer's liability (cross liability endorsements);
<br />(c) Naming City, its Council, commissions, boards, committees, officers,
<br />employees and agents as additional insureds; and
<br />(d) Providing that Developer's insurance will be primary insurance relating
<br />to Contractor's work hereunder with respect to City, its Council, commissions, boards,
<br />committees, officers, employees and Agents, and further providing that any insurance or
<br />self-insurance maintained by City for itself, its Council, commissions, boards, committees,
<br />officers, employees and agents will not be excess of Contractor's insurance and will not be
<br />contributory with it. Such insurance will also specifically insure any contractual liability
<br />assumed by Developer under the terms of this Agreement, including, but not limited to, the
<br />provisions of subsection (a) above.
<br />12.6 In the event that Developer's insurance is cancelled, Developer will provide
<br />replacement coverage or all work must cease as of the cancellation date until replacement
<br />insurance coverage is provided.
<br />REV: 04-07-2022 SK
<br />ATTY/AGR.2022.072/STMMA (Page 5 of 23)
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